The United Kingdom’s Supreme Court has ruled that Oatly, the Swedish oat beverage maker, cannot use the word “milk” in the trademarked slogan “Post Milk Generation” for its oat-based foods and drinks in the UK.
At the center of the case: whether “milk,” a legally protected “designation” under retained European Union and UK rules can appear in branding for products that are not derived from animal mammary secretion.
In its judgment and press summary, the Supreme Court affirmed that Oatly’s registered trademark “Post Milk Generation” cannot remain valid for Classes 29, 30, and 32 (oat-based foods and drinks), because the term “milk” is reserved for dairy products under the relevant regulation and associated legal framework.
However, the mark can still apply to Class 25 (T-shirts), because dairy marketing rules don’t govern apparel.
The ruling follows years of litigation with Dairy UK, the trade association for the British dairy industry, after Oatly filed its application in 2019 and received registration in 2021.
Why this matters: “category borrowing” gets tougher
Legal observers say the verdict is bigger than one slogan. It signals a strict approach to “category borrowing” — using regulated food terms (like milk, wine, olive oil) to market alternatives that don’t legally qualify.
“For plant-based producers the safer course is to use clearly descriptive alternatives such as ‘oat drink’, or ‘plant-based drink’,” Richard May, a partner at Osborne Clarke told The Guardian. “More broadly, the judgment signals that UK regulators and courts are likely to take a robust approach to so-called ‘category borrowing’ across regulated sectors. Businesses building brands around legally defined product names, whether in dairy or elsewhere, should expect careful scrutiny and plan their brand strategy accordingly.”
This isn’t a brand-new debate. European Union case law has long supported dairy-term restrictions for plant-based products (often referenced in disputes over “butter,” “cheese,” and “yogurt” naming).
Dairy UK welcomed the ruling as a consumer-protection win.
“This ruling is an important decision for the sector as it finally provides clarity on how dairy terms can — and cannot — be used in branding and marketing,” said Judith Bryans, Dairy UK’s chief executive.
Oatly: “anti-competitive” and “benefits Big Dairy”
Oatly, meanwhile, blasted the outcome, calling it a competitive imbalance.
“This decision creates unnecessary confusion and an uneven playing field for plant-based products that solely benefits Big Dairy,” Bryan Carroll, Oatly’s general manager for the UK and Ireland told BBC.
Oatly also indicated it will look for alternative ways to keep the “Post Milk Generation” message alive, including merchandise (where the trademark can still apply).
